Right of citizens to use road
rp shahi
(Querist) 07 June 2014
This query is : Resolved
In my locality there used to one road, unfortunately beside the High Court. The road was public road used y thousand per day to reach market with less crowded side.
High court got this road acquired through govt machinery and blocked this road.
The road is now being used only for parking of Advocates vehicle while we the citizens are facing day to day problem as every one has to enter the market through the crowded side.
The high court has also acquired 160 acres of land near buy and is pursuing hard to get t made soon.
We the citizens protested by signing open letter and submitting it to Registrar but they did not listen and the govt officials are so much scared on the court that they too did not care.
Is there any way by which we can get back this age old approach road ?
Devajyoti Barman
(Expert) 07 June 2014
File a writ petition in the supreme court under Article 32 of the Constitution.
Before that send RTI application to high court registrar to determine the method behind acquisition of the aid land so that it can be challenged in supreme court.
Sankaranarayanan
(Expert) 07 June 2014
yes file the writ as advised by Barman ji
ajay sethi
(Expert) 07 June 2014
blockage of road must have been for security reasons . access road to HC are generally restricted to prevent terrorist attacks as they are prime targets .
doubt whether SC would intervene in this regard
Guest
(Expert) 07 June 2014
Agree with Shri Barman.
rp shahi
(Querist) 07 June 2014
the present high court is in thick of market area and one side block can not be for security reasons. One bungalow belonging to State Govt, earlier for their officers and later for minsters, was also taken over by court to build one guest house..and this road is in between these two. But during day time this alley is only used by advocates for their car/ motorcycle parking.
rp shahi
(Querist) 07 June 2014
Filing case in high court costs min 15000/- as advocates ask for 11 th. mion and rest for paper work..so how can one go to supreme court, the cost of which may be in lacs?
Guest
(Expert) 07 June 2014
Civic facilities, usually have their own cost. Facilty provided to a citizen by the Government/ Municipal Corporation cannot be taken as a right.
So, sometimes compromise has to be made with compulsions. If you want to fight for your facility, you will have to pay fee of the advocate and other necessary charges for fighting the case for you. If you can't compromise with this situation, you will have to compromise with the present situation of road having been acquired by the HC.
However, if you can fight case by self presentations, you may still have to bear with the application fee and other legal charges.
In any case, experts do not enjoy any right to restore the road by reacquring from the HC for your use.
However, you may approach some NGO, if that can help fight the case on your behalf at its own cost.
